ILLINOIS 

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' )AIRY  AND  FOOD 
LAWS 


IN  FORCE 
JULY  I,  1907 


SPRINGFIELD: 

Phillips  Bros.,  State  Printers. 


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Illinois  State  Food  Commission. 


Alfred  H.  Jones,  Commissioner. 

H.  E.  Schuknecht,  Assistant  Commissioner . 
T.  J.  Bryan,  Ph.D.,  State  Analyst. 


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OFFICE  AND  LABORATORY! 

Manhattan  Building,  Chicago. 


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ILLINOIS  DAIRY  AND  FOOD  LAWS. 


An  Act  to  prevent  fraud  in  the  sale  of  dairy  pro 
ducts , their  imitation  or  substitutes , £o  prohibit 
and  prevent  the  manufacture  and  sale  of  un- 
healthful, adulterated  or  misbranded  food , 
liquors  or  dairy  products , £o  provide  for  the 
appointment  of  a State  Food  Commissioner  and 
his  assistants , £o  define  their  powers  and  duties 
and  to  repeal  all  acts  relating  to  the  production , 
manufacture  and  sale  of  dairy  and  food  products 
and  liquors  in  conflict  herewith. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois , represented  in  the  General  Assem- 
bly: 

Provision  for  appointment  of  a state  food  com- 
missioner AND  THE  ESTABLISHMENT  OF  A STATE  FOOD 
department.]  That  the  Governor  shall  appoint  a 
commissioner,  who  shall  be  known  as  the  State 
Food  Commissioner,  who  shall  be  a citizen  of  the 
State  of  Illinois,  and  who  shall  hold  his  office  for 
the  term  of  four  years  and  until  his  successor  is 
appointed  and  qualified,  and  who  shall  receive  a 
salary  of  thirty  hundred  dollars  per  annum 
and  his  necessary  expenses  incurred  by  him  in 
- the  discharge  of  his  official  duties,  and  who  shall 
be  charged  with  the  enforcement  of  all  lav/s  that 
now  exist  or  that  hereafter  may  be  enacted  in 
this  State  regarding  the  production,  manufacture, 
sale  and  labeling  of  food  as  herein  defined,  and  to 


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prosecute  or  cause  to  be  prosecuted  any  person,  firm 
or  corporation,  or  agent  thereof,  engaged  in  the- 
manufacture  or  sale  of  any  article  manufactured 
or  sold  in  violation  of  the  provisions  of  any  such 
law  or  laws.  The  Governor  shall  also  appoint  from 
time  to  time,  as  required,  a Pood  Standard  Com- 
mission, for  the  purpose  of  determining  and  adopts 
ing  standards  of  quality,  purity  or  strength,  for 
food  products,  for  the  State  of  Illinois,  to  consist 
of  three  members,  one  of  whom  shall  be  the  State 
Food  Commissioner  or  his  representative,  who 
shall  serve  without  extra  pay;  one  of  whom  shall 
be  a representative  of  the  Illinois  Pood  Manufac- 
turing Industries  and  one  of  whom  shall  be  an 
expert  food  chemist  of  known  reputation,  sfll  to 
be  citizens  of  the  State  of  Illinois,  who  shall  re- 
ceive fifteen  dollars  ($15.00)  per  day  for  a period 
not  exceeding  thirty  (30)  days  in  one  year  and 
necessary  expenses  incurred  during  the  time  em- 
ployed in  the  discharge  of  their  duties:  Provided , 
that  said  Food  Standard  Commission,  in  determin- 
ing and  adopting  a standard  of  quality,  purity  or 
strength,  of  milk  or  cream,  shall  fix  such  standard 
as  may  be  determined  solely  by  the  examination 
and  test  of  milk  or  cream  and  the  can  or  recep- 
tacle in  which  it  is  placed. 

The  said  commissioner  is  hereby  authorized  to 
appoint,  with  the  advice  and  consent  of  the  Gov- 
ernor, one  assistant  commissioner,  who  shall  be  a 
practical  dairyman,  whose  salary  shall  be  $2,000 
per  annum  and  expenses  incurred  in  official  duties. 
One  chief  chemist, 'who  shall  be  known  as  State 
Analyst,  whose  salary  shall  be  $2,500  and  expenses 
incurred  in  the  discharge  of  official  duties.  One 
attorney,  whose  salary  shall  be  $1,800  per  annum 
and  expenses  incurred  in  the  discharge  of  official 
duties.  One  chief  clerk,  whose  salary  shall  be 
$1,800  per  annum  and  expenses  incurred  in  dis- 
charge of  official  duties.  Said  commissioner  shall 
also  have  authority  to  appoint  five  analytical 
chemists,  whose  salary  shall  be  $1,200  per  annum 
each;  twelve  inspectors,  whose  salary  shall  be 


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$1,200  per  annum  and  the  necessary  expenses  in- 
curred in  the  performance  of  their  duties.  Three 
(3)  stenographers  at  $900  and  one  assistant  clerk 
at  $900  each. 

The  said  commissioner  shall  make  annual  re- 
ports to  the  Governor  not  later  than  the  loth  of 
January,  of  his  work  and  proceedings,  and  shall 
report  in  detail  the  number  of  inspectors  he  has 
appointed  and  employed,  with  their  expenses  and 
disbursements  and  the  amount  of  salary  paid  the 
same,  and  he  may  from  time  to  time  issue  bulle- 
tins of  information,  when  in  his  judgment  the  in- 
terests of  the  State  would  be  promoted  thereby. 

The  said  commissioner  shall  maintain  an  office 
and  laboratory,  where  the  business  of  said  depart- 
ment may  be  conducted.  This  section  shall  not 
affect  the  term  of  office  of  the  present  commis- 
sioner, and  he  shall  be  regarded  as  having  been 
appointed  under  the  provisions  of  this  Act. 

§ 2.  Power  of  commissioner  and  inspectors 
making  inspection.]  The  State  Food  Commis- 
sioner, and  such  inspectors  and  agents  as  shall  be 
duly  authorized  for  the  purpose,  when  and  as 
often  as  they  may  deem  it  necessary  for  the  pur- 
pose of  determining  whether  any  manufactured 
food  complies  with  the  law,  shall  examine  the 
raw  materials  used  in  the  manufacture  of  food 
products  and  determine  whether  any  filthy,  de- 
composed or  putrid  substance  is  used  in  their  prep- 
aration. They  may  also  examine  all  premises,  car- 
riages or  cars  where  food  is  manufactured,  trans- 
ported, stored  or  served  to  patrons,  for  the  pur- 
pose only  of  ascertaining  their  sanitary  condition 
and  examining  and  taking  samples  of  the  raw 
materials  and  finished  products  found  therein;  but 
nothing  in  this  act  shall  be  construed  as  permit- 
ting such  officers  to  inquire  into,  or  examine  meth- 
ods or  processes  of  manufacture,  or  requiring  or 
compelling  proprietors  or  manufacturers,  or  pack- 
ers of  proprietary  or  other  food  products,  to  dis- 
close trade  rights  or  secret  processes,  or  methods 


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of  manufacture.  Said  commissioner,  inspectors 
and  agents  shall  also  have  power  and  authority 
to  open  any  package,  can  or  vessel,  containing  or  * 
supposed  to  contain,  any  article  manufactured,  sold 
or  exposed  for  sale,  or  held  in  possession  with 
intent  to  sell,  in  violation  of  the  provisions  of 
this  Act,  or  laws  that  now  exist,  or  that  may  here- 
after be  enacted  in  this  State,  and  may  inspect " 
the  contents  thereof,  and  may  take  samples  there- 
from for  analysis.  The  employes  of  railroads,  ex- 
press companies  or  other  common  carriers  shall 
render  to  them  all  the  assistance  in  their  power, 
when  so  requested,  in  tracing,  finding  or  disclosing 
the  presence  of  any  article  prohibited  by  law,  and 
in  securing  samples  thereof  as  hereinafter  pro- 
vided for. 

§ 3.  Refusal  to  assist  inspector  a misde- 
meanor.] Any  refusal  or  neglect  on  the  part  of 
such  employes  of  railroads,  express  companies  or 
other  common  carriers,  to  render  such  friendly 
aid,  or  to  furnish  such  samples  for  analysis,  as 
provided  for  in  section  2 of  this  Act,  shall  be 
deemed  a misdemeanor,  and  shall  be  punished  as 
hereinafter  provided. 

§ 4.  The  person  taking  such  sample  as  pro- 
vided for  in  section  2 of  this  Act,  shall  in  the 
case  of  bulk  or  broken  package  goods  divide  the 
same  into  two  equal  parts,  as  nearly  as  may  be, 
and  in  the  case  of  sealed  and  unbroken  packages 
he  shall  select  two  of  said  packages,  which  two 
said  packages  shall  constitute  the  sample  taken 
and,  properly  to  identify  the  same,  he  shall,  in 
the  presence  of  the  person  from  whom  the  same 
is  taken,  mark  or  seal  each  half  or  part  of  such 
sample  with  a proper  seal  or  otherwise,  and  shall 
write  his  name  thereon  and  number  each  part  of  t 
said  sample  with  the  same  number  and  also  write 
thereon  the  name  of  the  said  dealer  in  whose  place 
of  business  the  sample  is  found,  and  the  person 
from  whom  said  sample  is  taken  shall  also  write 
his  own  name  thereon,  and  at  the  same  time  the  * 


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person  taking  said  sample  shall  give  notice  to  such 
person  from  whom  said  sample  is  taken  that  said 
sample  was  obtained  for  the  purpose  of  exam- 
ination by  the  State  Food  Commissioner.  One 
part  of  said  sample  shall  be  taken  by  the  person 
so  procuring  the  same  to  the  State  Analyst  or 
other  competent  person  appointed  for  the  pur- 
pose of  making  examinations  or  analyses  of  sam- 
ples so  taken,  and  the  person  taking  such  sample 
shall  tender  to  the  person  from  whom  it  is  taken 
the  value  of  that  part  thereof  so  retained  by  the 
person  taking  said  sample;  the  other  part  of  said 
sample  shall  be  delivered  to  the  person  from  whom 
said  sample  is  taken.  If  the  person  from  whom 
said  sample  is  taken  has  recourse  upon  the  manu- 
facturer or  guarantor,  either  by  operation  of  law 
or  under  contract  for  any  failure  of  the  part  of 
said  sample  to  comply  with  the  provisions  of  this 
Act,  then  said  person  from  whom  said  sample  is 
taken  shall  retain  for  the  period  of  ninety  days 
that  part  of  said  sample  so  delivered  to  him  in 
order  that  said  manufacturer  or  guarantor  may 
have  the  same  examined  or  analyzed  if  he  so  de- 
sires. 

Provided , that  the  person  procuring  said  sample 
may  securely  pack  and  box  that  part  thereof  re- 
tained by  him  and  send  the  same  to  the  State 
Analyst,  or  other  competent  person  appointed 
hereunder  for  the  purpose  of  making  examina- 
tions or  analyses  of  samples,  and  his  testimony 
that  he  did  procure  the  sample  and  that  he  sealed 
and  numbered  the  same  as  herein  provided,  and 
that  he  wrote  his  name  thereon  and  that  he  packed 
and  boxed  said  part  thereof  and  sent  the  same  to 
the  State  Analyst,  or  other  competent  person 
appointed  hereunder  to  analyze  such  sample,  and 
the  testimony  of  the  person  to  whom  said  package 
or  box  is  addressed  that  he  received  the  same 
in  apparent  good  order,  that  said  sample  was 
sealed,  and  that  the  number  thereof  and  name  of 
the  sender,  as  herein  provided  for,  was  on  said 
sample,  and  that  the  seal  at  the  time  the  same 


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was  received  was  unbroken,  shall  be  prima  facie 
evidence  that  the  sample  so  received  is  the  sample 
that  was  sent,  and  that  the  contents  thereof  are 
the  same  and  in  the  same  condition  as  at  the 
time  the  person  so  procuring  said  sample  parted 
with  the  possession  thereof,  and  the  testimony  of 
said  two  witnesses  as  above  shall  be  sufficient  to 
make  such  prima  facie  proof. 

§ 5.  Manufacturing  adulterated  or  misbranded 
food  misdemeanor.]  It  shall  be  unlawful  for  any 
person  to  manufacture  for  sale  within  the  State 
of  Illinois  any  article  of  food  or  drink  which  is 
adulterated  or  misbranded  within  the  meaning  of 
this  Act,  and  any  person  who  shall  violate  any 
of  the  provisions  of  this  section  shall  be  guilty  of 
a misdemeanor  and  on  conviction  thereof  shall  be 
punished  according  to  the  provisions  of  this  Act. 

Provided , that  no  article  of  food  shall  be  deemed 
misbranded  or  adulterated  within  the  provisions 
of  this  Act  when  intended  for  export  to  any  for- 
eign country  or  purchaser,  and  prepared  or  packed 
according  to  the  specifications  or  directions  of 
the  foreign  country  to  which  said  article  is  in- 
tended to  be  shipped;  but  if  said  article  shall  be 
in  fact  sold  or  offered  for  sale  for  domestic  use  or 
consumption,  then  this  proviso  shall  not  except 
said  article  from  the  operation  of  any  of  the 
other  provisions  of  this  Act. 

§ 6.  Possession  misbranded  or  adulterated 
articles  prohibited.!  The  having  in  possession  of 
any  article  of  food  or  drink  which  is  misbranded  or 
adulterated  with  intent  to  sell  the  same,  is  hereby 
prohibited;  and  whoever  shall  have  in  his  pos- 
session with  the  intent  to  sell,  sell  or  offer  for 
sale  any  article  which  is  adulterated  or  mis- 
branded within  the  meaning  of  this  Act,  shall  be 
guilty  of  a misdemeanor,  and  on  conviction  there- 
of shall  be  punished  as  hereinafter  provided.  Proof 
that  any  person,  firm  or  corporation  has  or  had 


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possession  ot  any  article  which  is  adulterated  or 
misbranded  shall  be  prima  facie  evidence  that  the 
^possession  thereof  is  in  violation  of  this  section. 

§ 7.  Term  food  defined.]  The  term  “food,”  as 
used  herein,  shall  include  all  articles  used  for 
food,  drink,  confectionery  or  condiment  by  man 
or  other  animals,  whether  simple,  mixed  or  com- 
pound, and  any  substance  used  as  a constituent 
in  the  manufacture  thereof. 

§ 8.  Defines  adulteration.]  That  for  the  pur- 
pose of  this  Act  an  article  shall  be  deemed  to  be 
adulterated — 

In  case  of  confectionery: 

First — If  it  contains  terra  alba,  barytes,  talc, 
chrome  yellow,  paraffin,  mineral  fillers  or  poison- 
ous substances,  or  poisonous  color  or  flavor. 

Second — If  it  contains  any  ingredient  deleteri- 
ous or  detrimental  to  health,  or  any  vinous,  malt 
or  spiritous  liquor  or  compound,  or  narcotic  drug. 

In  case  of  food: 

First — If  any  substance  has  been  mixed  or 
packed  with  it  so  as  to  reduce  or  lower  or  injuri- 
ously affect  its  quality,  strength  or  purity. 

Second — If  any  substance  has  been  substituted 
wholly  or  in  part  for  the  article. 

Third — If  any  valuable  constituent  of  the  article 
has  been  wholly  or  in  part  abstracted:  Provided . 
that  in  the  manufacture  of  skim  or  separated 
cheese  the  whole  or  part  of  the  butter  fats  in  the 
milk  may  be  abstracted. 

Fourth — If  it  be  mixed,  colored,  powdered, 
coated,  polished  or  stained  in  any  manner  where- 
by damage  or  inferiority  is  concealed,  or  it  is 
made  to  appear  better  or  of  greater  value  than  it 
really  is. 

Fifth — If  it  contains  any  added  poisonous  or 
* other  added  deleterious  ingredient  which  may  ren- 
der such  article  injurious  to  health:  Provided , 
- that  when  in  the  preparation  of  food  products  for 


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shipment  they  are  preserved  by  an  external  appli- 
cation, applied  in  such  a manner  that  the  preserva- 
tive is  necessarily  removed  mechanically,  or  by 
maceration  in  water,  or  otherwise,  and  directions 
for  the  removal  of  said  preservatives  shall  be 
printed  on  the  covering  of  the  package,  the  pro- 
visions of  this  Act  shall  be  construed  as  applying 
only  when  such  products  are  ready  for  consump- 
tion; and  formaldehyde,  hydrofluoric  acid,  boric 
acid,  salicylic  acid  and  all  compounds  and  deriva- 
tives thereof  are  hereby  declared  unwholesome 
and  injurious. 

Sixth — If  it  consists  in  whole  or  in  part  of  a 
filthy,  decomposed  or  putrid,  infected,  tainted  or 
rotten  animal  or  vegetable  substance  or  article,  or 
any  portion  of  an  animal  unfit  for  food,  whether 
manufactured  or  not,  or  if  it  is  the  product  of  a 
diseased  animal,  or  one  that  has  died  otherwise 
than  by  slaughter. 

§ 9.  Misbranded  defined.]  The  term  “mis- 
branded,” as  used  herein,  shall  apply  to  all  arti- 
cles of  food  or  drink,  or  articles  which  enter  into 
the  composition  of  food  or  drink,  the  packages  or 
label  of  which  shall  bear  any  statement,  design 
or  device  regarding  such  article,  or  the  ingredi- 
ents or  substance  contained  therein  which  shall 
be  false  or  misleading  in  any  particular;  and  to 
any  such  products  which  are  falsely  branded  as 
to  manufacturer,  packer  or  dealer  who  sells  the 
same  or  as  to  the  state,  territory  or  country  in 
which  it  is  manufactured  or  produced.  That  for 
the  purpose  of  this  Act  an  article  shall  be  deemed 
misbranded — 

In  case  of  food: 

First — If  it  be  an  imitation  of  or  offered  for 
sale  under  the  distinctive  name  of  another  article. 

Second — If  it  be  labeled  or  branded  so  as  to 
deceive  or  mislead  the  purchaser,  or  purports  to  be 
a foreign  product  when  not  so,  or  if  the  contents 
of  the  package  as  originally  put  up  shall  have 
been  removed  in  whole  or  in  part  and  other  con- 


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tents  shall  have  been  placed  in  such  package,  or 
if  it  shall  fail  to  bear  a statement  on  the  label  of 
the  quantity  or  proportion  of  any  morphine,  opium, 
* cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform, 
cannabis  indica,  chloral  hydrate  or  acetanilid,  or 
any  derivative  or  preparation  of  any  such  sub- 
stances contained  therein. 

Third — If  in  any  package  form  and  the  contents 
w are  stated  in  terms  of  weight  or  measure,  they 
are  not  correctly  and  plainly  stated  on  the  outside 
of  the  package. 

Fourth — If  it  be  a manufactured  article  of  food 
or  food  sold  in  package  form,  and  is  not  distinctly 
labeled,  marked  or  branded  with  the  true  name  of 
the  article,  and  with  either  the  name  of  the  manu- 
facturer and  place  of  manufacture  or  the  name 
and  address  of  the  packer  or  dealer  who  sells  the 
same. 

Fifth — If  the  package  containing  it  or  its  label 
shall  bear  any  statement,  design  or  device  regard- 
ing the  ingredients  of  the  substance  contained 
therein,  which  statement,  design  or  device  shall  be 
false  or  misleading  in  any  particular:  Provided , 
that  an  article  of  food  which  does  not  contain 
any  added  poisonous  or  deleterious  ingredients 
shall  not  be  deemed  to  be  adulterated  or  mis- 
branded in  following  cases: 

First — In  case  of  mixtures  or  compounds  which 
may  be  now,  or  from  time  to  time  hereafter  known 
as  articles  of  food  under  their  own  distinctive 
names,  and  not  an  imitation  of  or  offered  for 
sale  under  the  distinctive  name  of  another  article, 
if  the  name  be  accompanied  on  the  same  label  or 
brand  with  a statement  of  the  place  where  the 
article  has  been  manufactured  or  produced. 

Second — In  case  of  articles  labeled,  branded  or 
tagged  so  as  to  plainly  indicate  that  they  are  com- 
pounds, imitations  or  blends,  and  the  word  “com- 
pound,^” “imitation”  or  “blend,”  as  the  case  may 
be,  is  plainly  stated  on  the  package  in  which  it  is 
offered  for  sale:  Provided , that  the  term  “blend,” 
as  used  herein,  shall  be  construed  to  mean  a mix- 
ture of  like  substances,  not  excluding  harmless  col- 


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oring  or  flavoring  ingredients  used  for  the  pur- 
pose of  coloring  and  flavoring  only;  and  as  applied 
to  alcoholic  beverages,  only  those  distilled  spirits 
shall  be  regarded  as  “like  substances’’  which  are 
distilled  from  the  fermented  mash  of  grain  and 
are  of  the  same  alcoholic  strength:  And , provided, 
further , that  nothing  in  this  Act  shall  be  construed 
as  requiring  or  compelling  proprietors  or  manu- 
facturers of  proprietary  foods,  which  contain  no 
unwholesome  added  ingredients,  to  disclose  their 
trade  formulas,  except  in  so  far  as  the  provisions 
of  this  Act  may  require  to  secure  freedom  from 
adulteration  or  misbranding. 

Third — In  the  case  of  mixtures  of  corn  syrup 
(glucose)  or  corn  sugar  (dextrose)  or  corn  sugar 
syrup,  with  cane  or  beet  sugar  (sucrose)  or  cane 
or  beet  sugar  syrup,  in  food,  if  the  maximum  per- 
centage of  corn  syrup  (glucose),  or  corn  sugar 
(dextrose)  or  corn  sugar  syrup,  in  such  article  of 
food  be  plainly  stated  on  the  label. 

§ 10.  Confiscation  and  condemnation  of  mis- 
branded or  adulterated  foods.]  Any  article  of 
food  or  drink  or  liquor  that  is  adulterated  or  mis- 
branded within  the  meaning  of  this  Act,  and  is 
being  sold  or  offered  for  sale  within  the  State  of 
Illinois,  shall  be  liable  to  be  proceeded  against  in 
any  circuit  court,  or  the  Superior  Court  of  Cook 
county,  or  the  municipal  court  of  any  city,  or 
before  any  justice  of  the  peace  within  whose 
jurisdiction  the  same  may  be  found,  and  seized  for 
confiscation  by  process  of  law  or  condemnation. 
And  if  such  article  is  condemned  as  being  adulter- 
ated or  misbranded,  or  of  a poisonous  or  deleteri 
ous  character  within  the  meaning  of  this  Act,  the 
same  shall  be  disposed  of  by  destruction  or  sale, 
as  the  said  court  may  direct,  and  the  proceeds 
thereof,  if  sold,  less  the  legal  costs  and  charges, 
shall  be  paid  into  the  treasury  of  the  State  of  Illi- 
nois and  credited  to  the  fund  of  the  State  Food 
Commission,  to  be  used  in  the  enforcement  of  the 


15 


State  food  laws,  but  such  goods  shall  in  no  in- 
stance be  sold  contrary  to  the  provisions  of  this 
% Act:  Provided , however , that  upon  the  payment 
of  the  costs  of  such  libel  proceedings  and  the  exe- 
- cution  and  the  delivery  of  a good  and  sufficient 
bond  to  the  effect  that  such  articles  shall  not  be 
sold  or  otherwise  disposed  of  contrary  to  the  pro- 
m visions  of  this  Act,  the  court  may,  by  order,  direct 
that  such  articles  be  delivered  to  the  owner  thereof. 
Either  party  may  demand  trial  by  jury  upon  any 
issue  of  fact  joined  in  any  such  case,  and  all  such 
proceedings  shall  be  at  the  suit  of  and  in  the  name 
of  the  People  of  the  State  of  Illinois. 

§ 11.  Vinegar  to  be  branded.]  All  vinegar 
made  by  fermentation  and  oxidation  without  the 
intervention  of  distillation,  shall  be  branded  with 
the  name  of  the  fruit  or  substance  from  which 
the  same  is  made.  All  vinegar  made  wholly  or 
in  part  from  distilled  liquor  shall  be  branded 
“distilled  vinegar,”  and  shall  not  be  colored  in 
imitation  of  cider  vinegar.  All  vinegar  shall  be 
made  wholly  from  the  fruit  or  grain  from  which 
it  purports  to  be  or  is  represented  to  be  made, 
shall  contain  no  foreign  substance,  and  shall  con- 
tain not  less  than  four  per  cent , by  weight,  of 
absolute  acetic  acid. 

§ 12.  Extracts  to  be* labeled.]  Extracts  made 
of  more  than  one  principle  shall  be  labeled  in  a 
conspicuous  manner  with  the  name  of  each  prin- 
ciple, or  else  with  the  name  of  the  inferior  or 
adulterant;  and  in  all  cases  when  an  extract  is 
labeled  with  two  or  more  names,  such  names  must 
be  in  a conspicuous  place  on  said  label,  and  in  no 
instance  shall  such  mixture  be  called  imitation, 
artificial  or  compound,  and  the  name  of  one  of 
the  articles  used  shall  not  be  given  greater  promi- 
nence than  another:  Provided , that  all  extracts 
which  cannot  be  made  from  the  fruit,  berry,  bean 
or  other  part  of  the  plant,  and  must  necessarily 
be  made  artificially,  as  raspberry,  strawberry,  etc., 
shall  be  labeled  “imitation,”  in  letters  similar  in 


16 


size  and  immediately  preceding  the  name  of  the 
article:  Provided , further , that  prepared  cocoa- 
nut,  containing  nothing  other  than  cocoanut,  sugar  w 
and  glycerine,  shall  be  labeled  as  prepared  cocoa- 
nut,  and  when  so  made  need  not  be  labeled  “com-  - 
pound”  or  “mixture.” 

§ 13.  Baking  powder — how  labeled.]  No  per-  * 
son  by  himself,  his  servant  or  his  agent,  or  as  the 
servant  of  any  other  person,  shall,  first , make  or 
manufacture  baking  powder  or  any  other  mixture 
or  compound  intended  for  use  as  baking  powder; 
second , or  sell,  exchange,  deliver  or  offer  for  sale 
or  exchange  such  baking  powder  or  any  mixture 
or  compound  intended  for  use  as  baking  powder, 
unless  the  same  shall  contain  not  less  than  ten 
per  cent  available  carbon  dioxide  and  unless  the 
common  names  of  all  the  ingredients  be  printed  on 
the  label. 

§ 14.  Adulterated  spirituous,  malt  or  vinous 
liquors  prohibited.]  No  person  shall,  within  this 
State,  by  himself,  his  servant  or  agent,  or  as  a 
servant  or  agent  of  any  other  person  or  corpora- 
tion, manufacture,  brew,  distill,  have  or  offer  for 
sale,  or  sell  any  spirituous  or  fermented  or  malt 
liquor,  containing  any  drug,  substance  or  ingredi- 
ent not  healthful  or  not  normally  existing  in  said 
spirituous,  fermented  or  malt  liquor,  or  which  may 
be  deleterious  or  detrimental  to  health  when 
such  liquors  are  used  as  a beverage,  and  the  fol- 
lowing drugs,  substances  or  ingredients  shall  be 
deemed  to  be  not  healthful  and  shall  be  deemed 
to  be  deleterious  or  detrimental  to  health  when 
contained  in  such  liquors,  to-wit:  Cocculus  in- 
dicus,  copperas,  opium,  cayenne  pepper,  picric  acid, 
Indian  hemp,  strychnine,  arsenic,  tobacco,  darnel 
seed,  extract  of  logwood,  salts  of  zinc,  copper  or 
lead,  alum,  methyl  alcohol  and  its  derivatives  and 
any  extracts  or  compound  of  any  of  the  above 


17 


drugs,  substances  or  ingredients,  and  any  person 
violating  any  of  the  provisions  of  this  section 

* shall  be  deemed  guilty  of  a misdemeanor. 

§ 15.  Mutilating  label  prohibited.]  Whoever 
" shall  deface,  change,  erase  or  remove  any  mark, 
label  or  brand  provided  for  by  this  Act  with  in- 
dent to  mislead,  deceive  or  to  violate  any  of  the 
provisions  of  this  Act,  shall  be  held  liable  to 
the  penalties  of  this  Act. 

§ 16.  Sale  of  unclean  or  unwholesome  milk 

FOR  CONSUMPTION  AND  UNSANITARY  CONTAINERS 

prohibited.]  No  person,  firm  or  corporation  shall 
offer  for  sale,  or  sell  to  any  person,  firm  or  corpora- 
tion, creamery  or  cheese  factory,  any  unclean,  un- 
healthful, unwholesome  or  adulterated  milk  or 
cream,  or  any  milk  or  cream  which  has  not  been 
well  cooled  or  to  which  water  or  any  foreign  sub- 
stance has  been  added,  or  milk  or  cream  which  has 
been  handled  or  transported  in  unclean  or  unsani- 
tary vessels  or  containers:  Provided , that  nothing 
in  this  section  shall  be  construed  to  prevent  the 
sale  of  skim  milk  to  factories  engaged  in  the  man- 
ufacture of  skim  milk  products,  nor  the  sale  of 
skim  milk  under  the  provisions  of  section  19  of 
this  Act. 

§ 17.  Persons  receiving  milk  to  wash  cans.] 
Any  person,  firm  or  corporation  who  receives  from 
any  other  person,  firm  or  corporation,  any  milk 
or  cream  in  cans,  bottles  or  vessels  which  have 
been  transported  over  any  railroad  or  boat  line, 
where  such  can,  bottles  or  vessels  are  to  be  re- 
turned, shall  cause  the  said  cans,  bottles  or  ves- 
sels to  be  emptied  before  the  said  milk  or  cream 
contained  therein  shall  become  sour,  and  shall 
cause  said  cans,  bottles  or  vessels  to  be  immedi- 
^ ately  washed  and  thoroughly  cleansed  and  aired. 

§ 18.  Not  to  manufacture  food  from  impure 

* or  unclean  milk  or  cream.]  No  person,  firm  or 
corporation  shall  manufacture  from  unclean,  im- 

* 


18 


pure,  unhealthful  or  unwholesome  milk,  or  from 
cream  from  the  same,  any  article  of  food. 

§ 19.  Sale  of  skim  milk — cans — how  labeled.] 
No  person,  firm  or  corporation  shall  sell,  or  ex- 
pose for  sale,  or  have  in  his  possession  with  in- 
tent to  sell,  in  any  store  or  place  of  business,  or 
on  any  wagon  or  other  vehicle,  used  in  transport- 
ing milk  from  which  cream  has  been  removed,  any 
such  milk  or  milk  commonly  called  “skim  milk” 
without  first  attaching  to  the  can,  vessel  or  other 
package  containing  said  milk,  a tag  with  the  words 
“skim  milk”  printed  on  both  sides  of  said  tag  in 
large  letters,  each  letter  being  at  least  three- 
fourths  of  an  inch  high  and  one-half  inch  wide. 
Said  tag  shall  be  attached  to  the  top  or  side  of 
said  can,  vessel  or  package  where  it  can  be  easily 
seen. 

§ 20.  Instruments  for  measuring  milk  and 
cream  standards.]  The  State  standard  milk  meas- 
ure or  pipettes  shall  have  for  milk  a capacity  of 
seventeen  and  six-tenths  cubic  centimeters,  and 
the  State  standard  test  tube  or  bottles  for  milk 
shall  have  a capacity  of  two  cubic  centimeters  of 
mercury  at  a temperature  of  sixty  degrees 
Fahrenheit  between  “zero”  and  ten  on  the  gradu- 
ated scale  marked  on  the  necks  thereof.  For 
cream,  eighteen  grams  shall  oe  used,  and  the 
standard  test  tubes  or  bottles  for  cream  shall 
have  a capacity  of  six  cubic  centimeters  of  mercury 
at  a temperature  of  sixty  degrees  Fahrenheit  be- 
tween “zero”  and  thirty  on  the  graduated  scale 
marked  on  the  necks  thereof,  and  it  is  hereby 
made  a misdemeanor  to  use  any  other  measure, 
pipette,  test  tube  or  bottle  to  determine  the  per 
cent  of  butter  fat  where  milk  or  cream  is  pur- 
chased by,  or  furnished  to  creameries  or  cheese 
factories,  and  where  the  value  of  said  milk  is  de- 
termined by  the  per  cent  of  butter  fat  contained  in 
the  same.  Any  manufacturer,  merchant,  dealer, 
or  agent  in  this  State  who  shall  offer  for  sale  or 
sell  a cream  or  milk  pipette  or  measure,  test  tube 
or  bottle  which  is  not  correctly  marked  or  gradua- 


19 


\ 

ted,  as  herein  provided,  shall  be  guilty  of  a misde- 
meanor and  upon  conviction  thereof  shall  be 
punished  as  provided  in  this  Act. 

* § 21.  Underreading  Babcock  test  prohibited.] 
It  shall  be  unlawful  for  the  owner,  manager,  agent 
“hr  any  employe  of  a creamery  or  cheese  factory 
to  manipulate  or  underread  the  Babcock  test,  or 
^ny  other  contrivance  used  for  determining  the 
quality  or  value  of  milk,  or  to  falsify  the  record 
thereof,  or  to  pay  for  such  milk  on  the  basis  of 
any  measurement  except  the  true  measurement, 
as  thereby  determined. 

§ 22.  Sale  of  preservatives  prohibited.]  No 
person,  firm  or  corporation  shall  manufacture  for 
sale,  advertise,  offer  or  expose  for  sale,  or  sell, 
any  mixture  or  compound  intended  for  use  as  a 
preservative  or  other  adulterant  of  milk,  cream, 
butter  or  cheese,  nor  shall  he  manufacture  for 
sale,  advertise,  offer  or  expose  for  sale,  or  sell 
any  unwholesome  or  injurious  preservative  or 
any  mixture  or  compound  thereof  intended  as  a 
preservative  of  any  food : Provided , however , that 
this  section  shall  not  apply  to  pure  salt  added  to 
butter  and  cheese. 

§ 23.  Vehicles  to  be  marked.]  Any  person, 
firm  or  corporation,  who  shall  in  any  of  the  cities, 
incorporated  towns  or  villages  of  this  State  which 
contains  a population  of  5,000  or  over,  engage  in 
or  carry  on  a retail  business  in  the  sale  or  ex- 
change of,  or  any  retail  traffic  in  milk  or  cream, 
shall  have  each  and  every  carriage  or  vehicle  from 
which  the  same  is  vended,  conspicuously  marked 
with  the  name  of  such  vendor  on  both  sides  of 
such  carriage  or  vehicle. 

§ 24.  Illegal  lard.]  No  person  shall,  within 
this  State,  manufacture  for  sale,  have  in  his  pos- 
session with  intent  to  sell,  offer  or  expose  for 
sale,  or  sell,  as  lard,  any  substance  not  the  legiti- 
mate and  exclusive  product  of  the  fat  of  the  hog. 

§ 25.  Lard  substitute.]  No  person  shall  manu- 
facture for  sale  within  this  State,  or  have  in  his 
m 


20 


possession  with  intent  to  sell,  offer  or  expose  for 
sale,  or  sell,  as  lard,  or  as  a substitute  for  lard, 
or  as  an  imitation  of  lard,  any  mixture  or  com- 
pound which  is  designed  to  take  the  place  of  lard*^ 
and  which  is  made  from  animal  or  vegetable 
oils  or  fats  other  than  the  fat  of  the  hog,  or  any* 
mixture  or  combination  with  any  animal  or  vege-' 
table  oils  or  fats,  unless  the  tierce,  barrel,  tub. 
pail  or  package  containing  the  same  shall  be  dis* 
tinctly  and  legibly  branded  or  labeled  with  the 
name  of  the  person,  firm  or  corporation  making 
the  same,  together  with  the  location  of  the  manu- 
factory and  the  words  “lard  substitute”  or  “adul- 
terated lard”  or  “compound,”  “imitation”  or 
“blend,”  as  the  case  may  be,  or  unless  the  same 
shall  be  sold  under  its  own  distinctive  name,  as 
provided  for  in  section  9 of  this  Act. 

§ 26.  Persons  selling  imitation  or  substitute 
for  lard  to  inform  purchaser.]  It  shall  be  un- 
lawful to  sell  or  offer  for  sale  any  “lard  substitute” 
or  “adulterated  lard”  or  “compound,”  “imitation” 
or  “blend,”  as  herein  defined,  without  informing 
the  purchaser  thereof,  or  the  person  or  persons  to 
whom  the  same  is  offered  for  sale,  that  the  sub- 
stance sold  or  offered  for  sale  is  “lard  substitute” 
or  “adulterated  lard”  or  “compound,”  “imitation” 
or  “blend,”  as  the  case  may  be. 

§ 27.  Sale  of  process  butter  not  branded  pro- 
hibited.] No  person,  firm  or  corporation,  agent  or 
employe,  shall  manufacture  for  sale,  sell,  offer  or 
expose  for  sale,  in  this  State,  any  butter  that  is 
produced  by  taking  original  packing  stock  butter, 
or  other  butter,  or  both,  and  melting  same  so  that 
the  butter  fat  can  be  drawn  off  or  extracted,  then 
mixing  the  said  butter  fat  with  skimmed  milk,  or 
milk,  or  cream,  or  other  milk  product,  and  re- 
churning or  reworking  the  said  mixture,  or  that 
produced  by  any  process  that  is  commonly  known* 
as  boiled,  process  or  renovated  butter,  unless  the 
same  is  branded  or  marked,  as  provided  in  sec* 
tion  28  of  this  Act. 


21 


§ 28.  Process  butter — how  branded.]  No  per- 
son, firm,  corporation,  agent  or  employe,  shall  sell 
^ offer  or  expose  for  sale,  or  deliver  to  a purchaser, 
any  boiled,  process  or  renovated  butter,  as  defined 
„ in  section  27  of  this  Act,  unless  the  words  “Reno- 
k vated  Butter”  shall  be  plainly  branded  with  gothic 
or  bold  face  letters  at  least  three-fourths  of  an 
* inch  in  length  on  the  top  and  sides  of  each  tub;.  or 
box,  or  pail,  or  other  kind  of  case  or  package,  or 
on  the  wrapper  of  prints  or  rolls  or  bulk  pack- 
ages in  which  it  is  put  up.  If  such  butter  is  ex- 
posed for  sale  uncovered,  or  not  in  a case  or  pack- 
age, a placard  containing  the  label  so  printed 
shall  be  attached  to  the  mass  of  butter  in  such  a 
manner  as  to  be  easily  seen  and  read  by  the  pur- 
chaser. The  branding  or  marking  of  all  packages 
shall  be  in  the  English  language,  and  in  a con- 
spicuous place  so  as  to  be  easily  seen  and  read 
by  the  purchaser. 

§ 29.  Illegal  foods  to  be  seized.]  Whenever 
the  commissioner  or  his  agents  shall  have  ground 
for  suspicion  that  any  article  of  food,  found  in 
possession  of  any  person,  firm  or  corporation,  is 
adulterated  or  misbranded  within  the  meaning  of 
this  Act,  he  may  seize  such  article  of  food  and 
make  an  inventory  thereof,  and  shall  leave  a copy 
of  such  inventory  with  the  party  holding  such 
suspected  goods,  and  tag  the  same  “suspected;” 
and  he  shall  notify  in  writing  the  person,  firm 
or  corporation  in  whose  possession  it  may  be 
found,  not  to  offer  the  same  for  sale  or  sell  or 
otherwise  dispose  of  the  same  until  further  notice 
in  writing  from  the  commissioner.  Whereupon 
the  commissioner  shall  forthwith  cause  a sample 
of  said  article  of  food  to  be  examined  or  analyzed, 
and  if  the  same  shall  be  found  to  be  adulterated 
or  misbranded  within  the  meaning  of  this  Act,  the 
commissioner  shall  proceed  with  a hearing  and 
subsequent  proceedings  as  provided  in  this  Act. 
If,  however,  such  examination  or  analysis  shall 
show  that  such  article  of  food  complies  with  the 
p provisions  of  this  Act,  the  person,  firm  or  corpora- 


22 


tion  in  whose  possession  such  article  of  food  is 
found  shall  forthwith  be  notified  in  writing  that 
said  seizure  is  released,  and  authority  given  to  ^ 
dispose  of  such  article  of  food.  Such  seizure  may 
be  had  without  a warrant  and  said  commissioner,  * 
and  all  inspectors  and  agents  appointed  pursuant 
to  law,  are  hereby  given  full  power  and  authority 
of  “policemen.”  Any  court  having  jurisdiction, 
upon  receiving  proof  of  probable  cause  for  believ- 
ing in  the  concealment  of  any  food  or  dairy  pro- 
ducts or  substitutes  therefor,  or  imitation  thereof, 
kept  for  sale  or  for  a purpose,  or  had  in  possession 
or  under  control,  contrary  to  the  provisions  of  this 
Act,  or  other  laws  which  now  exist  or  may  be  here- 
after enacted,  shall  issue  a search  warrant  and 
cause  a search  to  be  made  in  any  place  therefor 
and  to  that  end  may  cause  any  building,  enclosure, 
wagon  or  car  to  be  entered,  and  any  apartment, 
chest,  box,  locker,  tub,  jar,  crate,  basket  or  pack- 
age to  be  broken  open  and  the  contents  thereof 
examined. 

§ 30.  Search  warrants  to  be  issued  for  ille- 
gal food.]  All  warrants  issued  pursuant  to  sec- 
tion 29  hereof  shall  be  directed  to  the  sheriff, 
bailiff  or  some  constable  of  the  county  where  such 
food  or  dairy  products  may  be  supposed  to  be  con- 
cealed, commanding  such  officer  to  search  the 
house  or  place  where  such  food  or  dairy  product,  or 
substitute  thereof,  or  imitation  thereof,  for  which 
he  is  required  to  search,  is  believed  to  be  con- 
cealed, which  place  and  the  property  to  be  searched 
for,  shall  be  designated  in  the  warrant,  and  to 
bring  such  food  or  dairy  product  or  substitute 
therefor  or  imitation  thereof,  when  found,  and  the 
person  in  whose  possession  the  same  is  found,  be- 
fore the  magistrate  who  issued  the  warrant,  or 
before  some  other  court  or  magistrate  having  jur- 
isdiction of  the  case  to  be  proceeded  against  as 
hereinbefore  provided  for  in  section  10  of  this  Act, 

§ 31.  States  attorney  to  assist.]  It  shall  be 
the  duty  of  the  States  Attorney  in  any  county  of 
this  State  when  called  upon  by  the  commissioner. 


23 


or  any  of  his  assistants  to  render  any  legal  assist- 
ance in  his  power  to  execute  the  law  and  to  prose- 

* cute  cases  arising  under  the  provisions  of  this  Act: 
Provided , That  no  person  shall  be  prosecuted 

T under  the  provisions  of  this  Act  for  selling  or  offer- 
ing for  sale  any  article  of  food  or  drugs  as  defined 

* herein,  wnen  same  is  found  to  he  adulterated  or 

misbranded  within  the  meaning  of  this  Act,  in  the 
original  unbroken  package  in  which  it  was  re- 
ceived by  said  person  when  he  can  establish  a 
guaranty  signed  by  the  wholesaler,  jobber,  manu 
facturer  or  other  party  residing  in  this  State,  from 
whom  he  purchased  such  article,  to  the  effect  that 
the  same  is  not  adulterated  or  misbranded  in  the 
original  unbroken  package  in  which  said  article 
was  received  by  said  dealer,  within  the  meaning 
of  this  Act,  designating  it.  Said  guaranty  to  af- 
ford protection,  shall  contain  the  name  and  address 
of  the  party  or  parties  making  the  sale  of  such 
article  to  such  dealer,  and  in  such  case  said  party 
or  parties  shall  be  amenable  to  the  prosecutions, 
fines  and  other  penalties  as  provided  for  in  this 
Act:  Provided , That  no  such  guaranty  shall 

operate  as  a defense  to  prosecutions  for  the  viola- 
tion of  this  Act.  First.  If  the  dealer  shall  con- 
tinue to  sell  after  notice  by  the  State  Food  Com- 
missioner that  such  article  is  adulterated  or  mis- 
branded within  the  meaning  of  this  Act.  Second. 
If  the  dealer  shall  fail  to  preserve  for  the  manu- 
facturer or  guarantor  and  deliver  to  him  upon 
demand  the  sample  left  with  him  by  the  commis- 
sioner or  his  agent. 

§ 32.  State  board  of  health  to  furnish  sam- 
ples.] The  State  Board  of  Health  may  submit  to 
the  commissioner  or  any  of  his  assistants  samples 
^ of  food  or  drink  for  examination  or  anaylsis,  and 
shall  receive  special  reports  showing  the  results  of 
such  examination  or  analysis. 

§ 33.  State  analysts  shall  not  furnish  cer- 
tificate of  purity.]  It  shall  be  unlawful  for  the 
* State  Analyst  or  any  assistant  State  Analyst  to 
furnish  to  any  individual,  firm  or  corporation  any 


24 


certificate  as  to  the  purity  or  excellence  of  any 
article  manufactured  or  sold  by  them  to  be  used  as 
food  or  in  the  preparation  of  food. 

§ 34.  Using  shift  or  device.]  The  use  of  any 
shift  or  device  to  evade  any  of  the  provisions  of  * 
this  Act  shall  be  deemed  a violation  of  such  provis- 
ion and  punishable  as  herein  provided.  ^ 

§ 35.  Master’s  liability,  etc.]  Whoever  shall, 
by  himself  or  another,  either  as  principal,  clerk  or 
servant,  directly  or  indirectly,  violate  any  of  the 
provisions  of  this  Act,  shall  be  guilty  of  a misde- 
meanor and  punished  as  herein  provided. 

§ 36.  Penalties,  license  fees  and  proceeds  paie 
to  state  treasurer.  All  fines,  penalties,  and  all 
proceeds  collected  from  goods  confiscated  and  sold 
under  the  provisions  of  this  Act  and  other  laws 
relating  to  dairy  and  food  products,  and  all  license 
fees  collected  hereunder,  shall  be  paid  into  the 
State  Treasury. 

§ 37.  Label — size  of  type.]  The  principal  label 
on  any  package  of  food,  as  defined  by  this  Act, 
shall  be  printed  plainly  and  legibly  in  English  with 
or  without  the  foreign  label  in  the  language  of  the 
country  where  the  product  is  produced  or  manu- 
factured and  the  size  of  type,  if  not  otherwise 
described  in  this  Act,  shall  be  not  smaller  than 
EIGHT-POINT  (BREVIER)  CAPS:  Provided , 
That  in  case  the  size  of  the  package  will  not  permit 
the  use  of  eight-point  cap  type,  the  size  of  the  type 
may  be  reduced  proportionately. 

§ 38.  Food  commissioner  to  make  rui.es  and 
regulations.]  The  State  Food  Commissioner  shall 
make  rules  and  regulations  for  carrying  out  the 
provisions  of  this  Act,  and  shall  have  power  to 
make  rules  and  regulations  for  the  analyzing  and 
reporting  the  results  thereof,  of  articles  submitted  ^ 
for  analysis  by  the  State  Board  of  Health,  and  reg- 
ulating the  analyzing  and  reporting  thereon  of  « 
samples  taken  under  any  law  or  laws  of  the  United 
States  by  any  person  hereunder,  or  furnished  by 
any  officer  or  employ^  charged  with  the  enforce-  ~ 


25 


ment  of  the  laws  of  the  United  States  relative  to 
the  manufacture,  sale  or  transportation  of  adul- 
t terated,  misbranded,  poisonous  or  deleterious  foods, 
dairy  products  or  articles  manufactured  from  dairy 
* products  or  liquors. 

§ 39.  Standard  of  purity  and  strength.]  In 
^ the  enforcement  of  this  Act,  and  in  the  construct- 
ion thereof,  the  following  named  articles  of  food- 
stuffs, when  offered  for  sale  or  exposed  for  sale,  or 
sold,  shall  conform  to  the  analytical  requirements 
set  opposite  each  respectively. 

Milk  shall  contain  not  less  than  three  (3)  per 
cent  of  milk  fat  and  not  less  than  eight  and  one- 
half  (8.5)  per  cent  of  solids,  not  fat. 

Condensed  Milk  and  Evaporated  Milk  shall  con- 
tain not  less  than  twenty-eight  (28)  per  cent  of 
milk  solids  and  one  hundred  (100)  per  cent  of 
such  milk  solids  shall  contain  not  less  than  twenty- 
seven  and  five-tenths  (27.5)  per  cent  of  milk  fat. 

Cream  shall  contain  not  less  than  eighteen  (18) 
per  cent  of  milk  fat. 

Maple  Sugar  shall  contain  not  less  than  sixty- 
five  one-hundredths  (0.65)  per  cent  of  maple  ash 
in  the  water-free  substance. 

Honey  is  laevo-rotatory,  contains  not  more  than 
twenty-five  (25)  per  cent  of  water,  not  more  than 
twenty -five  hundredths  (0.25)  per  cent  of  ash  and 
not  more  than  eight  (8)  per  cent  of  sucrose. 

Cloves  shall  contain  not  more  than  five  (5)  per 
cent  of  clove  stems,  not  less  than  ten  (10)  per  cent 
of  volatile  ether  extract,  not  less  than  twelve  (12) 
per  cent  of  quercitannic  acid,  not  more  than  eight 
(8)  per  cent  of  total  ash,  not  more  than  five-tenths 
(0.5)  per  cent  of  ash  insoluble  in  hydrochloric 
acid,  and  not  more  than  ten  (10)  per  cent  of  crude 
fiber. 

* Black  Pepper  shall  contain  not  less  than  six  (6) 
per  cent  of  non-votatile  ether  extract,  not  less  than 
► twenty-five  (25)  per  cent  of  pepper  starch,  not 
more  than  seven  (7)  per  cent  of  total  ash,  not 
more  than  two  (2)  per  cent  of  ash  insoluble  in 


26 


hydrochloric  acid,  and  not  more  than  fifteen  (15) 
per  cent  of  crude  fiber. 

Lemon  Extract  shall  contain  not  less  than  five  ~ 
(5)  per  cent  of  oil  of  lemon  by  volume. 

Orange  Extract  shall  contain  not  less  than  five  « 
(5)  per  cent  of  oil  of  orange  by  volume. 

Vanilla  Extract  shall  contain  in  one  hundred 
(100)  cubic  centimeters  the  soluble  matters  from  * 
not  less  than  ten  (10)  grams  of  vanilla  bean. 

Olive  Oil  has  a refractive  index  (25°C.)  not  less 
than  one  and  forty-six  hundred  and  sixty 
ten  thousandths  (1.4660)  and  not  exceeding  one 
and  forty-six  hundred  and  eighty  ten-thousandths 
(1.4680);  and  an  iodin  number  not  less  than 
seventy-nine  (79)  and  not  exceeding  ninety  (90). 

All  Vinegars  shall  contain  four  (4)  grams  of 
acetic  acid  in  one  hundred  (100)  cubic  centi- 
meters (20°C.). 

Cider  Vinegar  shall  contain  not  less  than  one 
and  six-tenths  (1.6)  grams  of  apple  solids,  and  not 
less  than  twenty-five  hundredths  (0.25)  grams  of 
apple  ash  in  one  hundred  (100)  cubic  centimeters 
(20°C.) . 

Wine  Vinegar  shall  contain  not  less  than  one  ( 1 ) 
gram  of  grape  solids  and  not  less  than  thirteen- 
hundredths  (0.13)  gram  of  grape  ash  in  one  hun- 
dred cubic  centimeters  (20°C.). 

Malt  Vinegar  shall  contain  in  one  hundred  (100) 
cubic  centimeters  (20°C.)  not  less  than  two  (2) 
grams  of  solids  and  not  less  than  two-tenths  (0.2) 
gram  of  ash. 

In  the  enforcement  of  this  Act  and  the  construc- 
tion thereof  all  articles  of  food  not  defined  in  this 
Act,  when  offered  for  sale  or  exposed  for  sale,  or 
sold,  shall  conform  to  the  definition  and  analytical 
requirements  of  the  standard  adopted  and  promul- 
gated from  time  to  time  by  the  State  Food  Stand-  * 
ard  Commission:  Provided , such  standards  for 
any  article  of  food  or  drink,  or  for  any  substance  « 
used  or  intended  to  be  used  in  food  or  drink  shall 
be  deemed  prima  facie  evidence  of  the  proper 
standard  of  quality,  purity  and  strength  of  any  w 


27 


such  article  or  substance,  but  shall  only  be  deemed 
such  prima  facie  evidence  in  the  trial  of  cases 
brought  in  the  proper  courts  to  enforce  the  provis- 

^ ions  of  this  Act. 

►,  Provided , That  nothing  in  this  section  shall  be 
construed  to  prevent  the  sale  of  any  wholesome 

* food  product  which  varies  from  such  standards,  if 
such  article  of  food  be  labeled  so  as  to  clearly  in- 
dicate such  variation. 

§ 40.  Preliminary  hearing  by  the  commis- 
sioner. When  it  appears  from  the  examination 
or  analysis  that  the  provisions  of  this  Act  have 
been  violated,  the  Food  Commissioner  shall  cause 
notice  of  such  fact,  together  with  a copy  of  the 
findings,  to  be  given  to  the  party  or  parties  from 
whom  the  sample  was  obtained;  and  to  the  party, 
if  any,  whose  name  appears  upon  the  label  as  man- 
ufacturer, packer,  wholesaler,  retailer,  or  other 
dealer,  by  registered  mail.  The  receipt  of  the  post 
office  department  for  such  registered  notice  shall 
be  received  as  prima  facie  evidence  that  such 
notice  has  been  given.  The  party,  or  parties,  so 
notified,  shall  be  given  an  opportunity  to  be  heard 
under  such  rules  and  regulations  as  may  be  pre- 
scribed as  aforesaid.  Notices  shall  specify  the 
date,  hour  and  place  of  the  hearing.  The  hearing 
shall  be  private,  and  the  parties  interested  therein 
may  appear  in  person  or  by  attorney.  If,  after 
such  hearing,  the  commissioner  shall  believe  this 
Act  has  been  violated,  he  shall  cause  the  party,  or 
parties  whom  he  believes  to  be  guilty,  to  be  prose- 
cuted forthwith,  under  the  provisions  of  this  Act. 
No  action  or  prosecution  shall  be  instituted  against 
any  person  for  a violation  of  the  provisions  of  this 
Act  unless  the  same  shall  have  been  commenced 

F within  ninety  days  from  the  taking  of  said 
sample. 

t § 41.  Penalty.]  Any  person  convicted  of  vio- 
lating any  of  the  provisions  of  the  foregoing  Act 
shall,  for  the  first  offense,  be  punished  by  a fine  in 

* any  sum  not  less  than  fifteen  (15)  dollars,  and  not 
more  than  one  hundred  (100)  dollars,  or  by  im- 


28 


prisonment  in  the  county  jail  not  exceeding  thirty 
days,  or  by  both  such  fine  and  imprisonment,  in  ^ 
the  discretion  of  the  Court,  and  for  the  second 
and  each  subsequent  offense  by  a fine  of  not  less  ^ 
than  twenty-five  (25)  dollars  and  not  more  than  * 
two  hundred  (200)  dollars,  or  by  imprisonment  in 
the  county  jail  not  exceeding  one  year,  or  both,  in  * 
the  discretion  of  the  Court;  or  the  fine  above  may 
be  sued  for  and  recovered  before  any  justice  of  the 
peace  or  any  other  court  of  competent  jurisdiction 
in  the  county  where  the  offense  shall  have  been 
committed,  at  the  instance  of  the  State  Food  Com- 
missioner or  any  other  person  in  the  name  of  the 
People  of  the  State  of  Illinois  as  plaintiff  and  shall 
be  recovered  in  an  action  of  debt. 

§ 42.  Judgment — issuing  capias.]  When  the 
rendition  of  the  judgment  imposes  a fine  as  pro- 
vided in  any  of  the  sections  of  this  Act,  it  shall  be 
the  duty  of  the  Justice  of  the  Peace  or  other  court 
rendering  such  judgment  also  to  render  a judg- 
ment for  costs  and  such  Justice  of  the  Peace  or 
other  Court  shall  forthwith  issue  a capias  or  war- 
rant of  commitment  against  the  body  of  the  de- 
fendant, commanding  that  unless  the  said  fine  and 
costs  be  forthwith  paid  the  defendant  shall  be 
committed  to  the  jail  of  the  county  and  the  con- 
stable or  other  officer,  to  whose  hands  said  capias 
or  warrant  shall  come,  shall  in  default  of  such  pay- 
ment, arrest  the  defendant  and  commit  him  to  the 
jail  of  the  county,  there  to  remain  as  provided  in 
Section  171  of  “An  Act  to  revise  the  law  in  relation 
to  criminal  jurisprudence,”  in  force  July  1,  1885, 
unless  such  fine  and  costs  shall  sooner  be  paid. 

§ 43.  Repeal.]  All  acts  and  parts  of  Acts  in- 
consistent with  this  Act  are  hereby  repealed:  Pro- 
vided, That  nothing  in  this  Act  contained  shall  be 
construed  as  repealing  the  Act  entitled,  “An  Acf  to 
regulate  the  manufacture  and  sale  of  substitutes 
for  butter,”  approved  June  14,  1897,  in  force  July 
1,  1897,  or  any  part  thereof. 

Approved  May  14,  1907. 

In  force  July  1,  1907. 


29 


Food  and  Dairy  Law. 

1 

An  Act  to  regulate  the  manufacture  and  sale  of 
* substitutes  for  butter . 

'V1 

Section  I.  Be  it  enacted  by  the  People  of  the 
tate  of  Illinois , represented  in  the  General  As- 
sembly: That  for  the  purpose  of  this  Act,  every 
article,  substitute  or  compound  or  any  other  than 
[that]  which  is  produced  from  pure  milk  or  cream 
therefrom,  made  in  the  semblance  of  butter  and 
designed  to  be  used  as  a substitute  for  butter  made 
from  pure  milk  or  its  cream,  is  hereby  declared  to 
be  imitation  butter:  Provided , that  the  use  of  salt 
and  harmless  coloring  matter  for  coloring  the 
product  of  pure  milk  or  cream  shall  not  be  con- 
strued to  render  such  product  an  imitation. 

§ 2.  No  person  shall  coat,  powder  or  color  with 
annato  or  any  coloring  matter  whatever,  any  sub- 
stance designed  as  a substitute  for  butter,  whereby 
such  substitute  or  product  so  colored  or  com- 
pounded shall  be  made  to  resemble  butter,  the 
product  of  the  dairy. 

No  person  shall  combine  any  animal  fat  or 
vegetable  oil  or  other  substance  with  butter,  or 
combine  therewith,  or  with  animal  fat  or  vegetable 
oil,  or  combination  of  the  two,  or  with  either  one, 
any  other  substance  or  substances,  for  the  purpose 
or  with  the  effect  of  imparting  thereto  a yellow 
color  or  any  shade  of  yellow  so  that  such  sub- 
stitute shall  resemble  yellow  or  any  shade  of  gen- 
uine yellow  butter,  nor  introduce  any  such  coloring 
matter  or  such  substance  or  substances  into  any 
of  the  articles  of  which  the  same  is  composed. 

Provided , Nothing  in  this  act  shall  be  construed 
to  prohibit  the  use  of  salt,  rennet  and  harmless  col- 

* oring  matter  for  coloring  the  products  of  pure  milk 

¥ or  cream  from  the  same. 

» No  person  shall,  by  himself,  his  agents,  or  em- 
ployes produce  or  manufacture  any  substance  in 

* imitation  or  semblance  of  natural  butter,  nor  sell, 
nor  keep  for  sale,  nor  offer  for  sale  any  imitation 


30 


butter,  made  or  manufactured,  compounded  or  pro- 
duced in  violation  of  this  section,  whether  such^ 
imitation  butter  shall  be  made  or  produced  in  this 
State  or  elsewhere.  ' 

This  section  shall  not  be  construed  to  prohibit'' 
the  manufacture  and  sale,  under  the  regulations^ 
hereinafter  provided,  of  substances  designed  to  be 
used  as  a substitute  for  butter  and  not  manufac- 
tured or  colored  as  herein  provided. 

§ 3.  Every  person  who  lawfully  manufactures 
any  substance  designed  to  be  used  as  a substitute 
for  butter,  shall  mark  by  branding,  stamping  or 
stenciling  upon  the  top  or  side  of  each  box,  tub, 
firkin  or  other  package  in  which  such  article  shall 
be  kept,  and  in  which  it  shall  be  removed  from  the 
place  where  it  is  produced,  in  a clear  and  durable 
manner  in  the  English  language,  the  word 
“oleomargarine, ” or  the  word  “butterine,”  or  the 
words  “substitute  for  butter,”  or  the  words  “imita- 
tion butter,”  in  printed  letters  in  plain  roman 
type,  each  of  which  shall  not  be  less  than  three- 
quarters  of  an  inch  in  length. 

§ 4.  It  shall  be  unlawful  to  sell  or  offer  for  sale 
any  imitation  butter  without  informing  the  pur- 
chaser thereof,  or  the  person  or  persons  to  whom 
the  same  is  offered  for  sale,  that  the  substance  sold 
or  offered  for  sale  is  imitation  butter. 

§ 5.  No  person,  by  himself  or  others,  shall  ship, 
consign  or  forward  by  any  common  carrier, 
whether  public  or  private,  any  substance  designed 
to  be  used  as  a substitute  for  butter  unless  it  shall 
be  marked  or  branded  on  each  tub,  box,  firkin,  jar 
or  other  package  containing  the  same,  as  provided 
in  this  Act,  and  unless  it  be  consigned  by  the  car- 
riers and  receipted  for  by  its  true  name:  Provided , 
that  this  Act  shall  not  apply  to  any  goods  in  transit 
between  foreign  states  across  the  State  of  Illinois. 

§ 6.  No  person  shall  >have  in  his  possession  or 
under  his  control  any  substance  designed  to  be 
used  as  a substitute  for  butter,  unless  the  tub,  fir- 
kin, jar,  box  or  other  package  containing  the  same 


31 


be  clearly  and  durably  marked  as  provided  in  this 
Act?  Provided , that  this  section  shall  not  be 
% deemed  to  apply  to  persons  who  have  the  same  in 
their  possession  for  the  actual  consumption  of 
" themselves  [or]  their  families.  Every  person  who 
P shall  have  possession  or  control  of  any  imitation 
# butter  for  the  purpose  of  selling  the  same  which  is 
* not  marked  as  required  by  the  provisions  of  this 
Act,  shall  be  presumed  to  have  known  during  the 
time  of  such  possession  or  control  the  true  char- 
acter and  name,  as  fixed  by  this  Act,  of  such 
product. 

§ 7.  Whoever  shall  have  possession  or  control 
of  any  imitation  butter  or  any  substance  designed 
to  be  used  as  a substitute  for  butter,  contrary  to 
the  provisions  of  this  Act,  for  the  purpose  of  sell- 
ing the  same,  or  offering  the  same  for  sale,  shall 
be  held  to  have  possession  of  such  property  with 
intent  to  use  it  in  violation  of  this  Act. 

§ 8.  No  action  shall  be  maintained  on  account 
of  any  sale  or  contract  made  in  violation  of.  or 
with  intent  to  violate,  this  Act,  by  or  through  any 
person  who  was  knowingly  a party  to  such  wrong- 
ful sale  or  contract. 

§ 9.  Whoever  shall  deface,  erase  or  remove  any 
mark  provided  by  this  Act,  with  intent  to  mislead, 
deceive,  or  to  violate  any  of  the  provisions  of  this 
Act,  shall  be  guilty  of  a misdemeanor. 

§ 10.  Whoever  shall  violate  any  of  the  provis- 
ions of  this  Act  shall  be  punished  by  a fine  of  not 
less  than  $50  nor  more  than  $200,  or  by  imprison- 
ment in  the  county  jail  not  to  exceed  60  days  for 
each  offense,  or  by  both  fine  and  imprisonment,  in 
the  discretion  of  the  court,  or  the  fine  alone  may  be 
sued  for  and  recovered  before  any  justice  of  the 
^ peace  in  the  county  where  the  offense  shall  be 
committed,  at  the  instance  of  any  person  in  th^ 
* name  of  the  People  of  the  State  of  Illinois  as 
► plaintiff. 


§11.  It  is  hereby  made  the  duty  of  the  State's 
Attorney  of  each  county  in  this  State  to  prosecute 
all  violations  of  this  Act  upon  complaint  of  any 
person,  and  there  shall  be  taxed  as  his  fees  in  the 
case  the  sum  of  ten  dollars  ($10),  which  shaVJ  bt 
taxed  as  costs  in  the  case. 

Approved  June  14,  1897,  in  force  July  1,  1817.  ^ 


♦ r 


